Did you know that if you watched an individual punch someone through an open car window, that person committed a First Degree Felony Burglary Battery, punishable by life in prison?
What if you were at a Super Bowl party and your host told you to get out of his house in front of all his guests. But as you walked to the front door with him close behind, the Bud Light gets the best of you and you decide to punch him out? Guess what, this can be considered a Burglary too.
When thinking about burglary, most people have this image in their minds of some guy in a ninja suit climbing through a back window at night with a knapsack on his back. Fortunately, most criminals are hardly so sophisticated. They usually choose the daytime to walk through an unlocked door in their own neighborhood while under the influence of drugs or alcohol. they take coins, tools, an XBOX, or worse, guns.
The they take the stuff to a local pawn shop. This creates the easiest way to get caught. When any house is burglarized, the police look to the local pawn shops for the items. If the items are there, and pawned in the name of someone whose fingerprints they already have – Gotcha. In addition to the burglary, they now have you on Dealing in Stolen Property. That makes the circumstances even worse since this too is a second degree felony punishable by up to fifteen years in prison. God forbid the stolen item is a gun, which could turn the crime, again, into a First Degree Felony punishable by life in prison.
The criminal defense attorneys at Pawuk & Pawuk have handled hundreds of Burglary and Dealing in Stolen Property cases. And we’ve successfully defended them. There are many defenses.
The point is that burglaries can arise in situations where a simple and stupid act (often by some young kid) ends in a prison sentence. But these facts can often be presented to a prosecutor prior to filing of formal charges. The sheer stupidity of the accused can often persuade the State Attorney to file a far less severe charge (sometimes even a misdemeanor trespass). That is why it is so important to contact an experienced lawyer as soon as you or a loved one is arrested.